GB 432 – Spring 2014 GBK 432-125 – Business Law I Online –Summer 2014 Instructor: Sait Reese Tarhan, J.D Office Location: remote Office Phone: 513-295-1439 Cell Phone: 513-295-1439 (Please call after 9AM and before 10:00PM.) EST E-mail: srtarhan@ct.tamus.edu or through Blackboard (BB) email Office Hours: I am off campus and a remote instructor. This does not mean I am “remote” from you in terms of being unavailable, though! You may certainly call me but try to communicate with emails FIRST (so we have a record) OR by checking out the class site for answers. Don’t hesitate to shoot me an email. I check my email several times a day during the work week and generally couple of times a day on weekends. I will respond to all email within 24 hours if I’m not traveling. I will make an announcement on BB if I will be out of contact for an extended period of time. Mode of instruction and course access This course is a 100% online course and uses TAMUCT’s Blackboard system (referred to by me hereafter as BB). http://tamuct.blackboard.com The instructions in section 8 of this syllabus will assist you with gaining access and technical support. Once you are in BB, there is tab on the left labeled “Online Learning” that will have additional BB resources if you are unfamiliar with BB. Though no specific legal knowledge is required as a prerequisite to this course (only junior standing per the catalog), it will be essential that you have a familiarity with the use of Power Point, Microsoft Word, the Internet, copying and pasting information and attaching documents at a minimum. Note, some files that students may open are larger but do open fairly quickly, generally, though using Google Chrome to access them has been problematic in the past. Always try to use a reliable computer with a reliable connection for activities, especially exams! Also, any PDF files may take a few moments to open . Be patient. You may only see a plain background as they load.. UNILERT - Emergency Warning System for Texas A&M University – Central Texas UNILERT is an emergency notification service that gives Texas A&M University-Central Texas the ability to communicate health and safety emergency information quickly via email and text message. By enrolling in UNILERT, university officials can quickly pass on safety-related information, regardless of your location. Please enroll today at http://TAMUCT.org/UNILERT GB 432 – Spring 2014 1.0 Course Description The study of the basic, though it may not seem that way, principles of law relating to law and ethics, the judicial system, constitution, tort and criminal law, common law contracts, the laws of sales, warranties and banking. 2.0 Overall Course Objective To acquire basic knowledge of the legal system and laws critical for the operations of a business will be the core of this course. This course is the first course of two courses directed at providing coverage of the legal environment facing business organizations in today’s society. This course is required for most majors within the School of Business Administration. 2.1 Course Level Objectives (CLO’s) At the conclusion of the course, the student should be able to, at an acceptable level per the grading scale found in syllabus section 5.0 (Minimum of 715 total points): 1. Explain the impacts of the Constitution and Judiciary on business law. (Chapters 1 and 2 – Week 1 2. Recognize when a tort has been committed and discuss the ways an individual’s rights may be enforced. (Chapters 3 and 4 - Week 2 3. Classify violations of one’s intellectual property rights, as well as crimes committed against them. (Chapters 5 and 6 – Week 3 4. Describe what constitutes ethical behavior and is required for a legally enforceable contract. (Chapters 8, 9 and 10 – Week 4 5. Identify when a contract must be in writing, is supported by legally sufficient consideration, and when a contracting party has capacity to contract. (Chapters 11, 12 and 14 – Week 5 6. Indicate the level at which a contract has been performed and discuss the remedies for a breach. (Chapters 15 and 16 – Week 6 7. Apply the provisions of the UCC to contract situations and recognize breaches of duties with warranties and products liability. (Chapters 18, 19 and 21 – Weeks 7 8. Explain the requirements of and liabilities surrounding negotiable instruments. (Chapters 22 and 23Week 8. 2.2 Weekly (Module) Learning Outcomes (WLO’s): At the conclusion of the course the student should be able to, at an acceptable level per the grading scale found in syllabus section 5.0: 1. Define and classify a law according to its type. 2. Explain the concepts of legal precedence and stare decisis. 3. Identify the different types of judicial opinions and analyze a Supreme Court case . Explain the applicability of the Commerce Clause on businesses. 4. Explain the concept of preemption with regards to the Supremacy Clause . 5. Contrast the situations where speech is protected and unprotected under the 1st Amendment . 6. Locate sources of law and legal information useful in their daily lives. 7. Recognize when a court may properly exercise jurisdiction . 8. Demonstrate comprehension of the trial process . 9. Compare and contrast the various methods of dispute resolution . 10. Define negligence and identify situations where it has occurred . GB 432 – Spring 2014 11. Classify torts according factual examples . 12. Identify and recognize the differences between trademarks, patents, copyrights and trade secrets. 13. Discuss the potential criminal liability of corporations and their officers . Demonstrate the ability to properly classify crimes based on factual scenarios. 14. Identify proper defenses to criminal liability, including Constitutional safeguards . Describe the differences between ethics and law. 15. Compare duty based and outcome based ethical decision making. 16. Identify the required element to form a valid contract 17. Classify a contract according to its type. 18. Indicate the requirements/circumstances for an effective offer, acceptance, revocation and rejection . 19. Recognize when consideration is legally sufficient . 20. Explain, using factual scenarios, why a contract is or is not supported by sufficient consideration. 21. Critique a fact pattern to determine if promissory estoppel is appropriate . 22. Analyze a contractual situation to determine if the parties had capacity and their contractual liabilities if they did not 23. Explain the enforceability of a covenant not to compete and exculpatory clause. 24. Indicate when a mistake may provide a legal excuse to contract performance.. 25. Identify if fraudulent misrepresentation has occurred . 26. Choose when a contract is subject to the statute of frauds . 27. State when the parol evidence rule applies. 28. Identify when conditions impact contractual obligations . 29. Classify the level to which a contract has been performed, including what constitutes a breach of contract . 30. Explain the situations when contracts may be discharged . 31. Discuss and identify the remedies available for breach of contract . 32. Differentiate between an assignment and a delegation . 33. Recognize when Article 2 of the Uniform Commercial Code is applicable to a sales transaction . 34. Differentiate between the UCC and the Common Law . 35. Identify who a merchant is and their responsibilities in sales situations . 36. Evaluate and discuss when title, risk of loss effectively passes from seller to buyer . 37. Explain the implications of a good faith purchaser and the entrustment rule . 38. Indicate when an express or implied warranty arises in a commercial context. 39. Discuss the legal requirements for products liability and potential defenses for companies in a products liability suit . 40. Identify when an instrument is negotiable . 41. Contrast the different types of endorsements . 42. Describe what a holder in due course is and their rights . 43. Identify the different types of checks . 44. Describe the responsibilities for payment and honoring checks in various situations that may arise . 45. Discuss the check clearing process . Objectives Disclaimer: The above are simply the main focus areas, but they are by no means the only sources of where HW or Exam questions may come from. All material both in the Text and Audio Lectures is fair game for assessment. GB 432 – Spring 2014 3. 0 Textbook and Required Materials Business Law Today: Comprehensive Edition, Gaylord A Jentz and Robert Miller, 9th Ed. – ISBN – 978-0538-45280-9 This is also the same text that we will also use for Business Law II through the summer of 2014. Note: A student of this institution is not under any obligation to purchase a textbook from a university-affiliated bookstore. The same textbook may also be available from an independent retailer, including an online retailer. If your book is going to be delayed, you might look into at least purchasing e-chapters to stay up to date. E-Chapter Link 4.0 Course Requirements The assessments below will measure the Course Level Objectives and Weekly Learning Outcomes stated above that correspond to the material covered in that assignment or exam. In some instances, a particular outcome may be assessed by multiple methods, ex. Homework and an exam question. The exact corresponding CLO’s and WLO’s will be stated with the instructions for each assessment. 1. Journal Postings – 40 Points (5 points each) – In each module, you will be required to reflect on what you have learned for that module period and summarize your learning: In order to receive full credit, you must at least (1) thoughtfully reflect on what you learned on this past module or found interesting in at least 100 words. You may access the Journals through the blue link on the left side of BB titled “Post Journal Here!” or via the link in that module’s content folder. The link for each module’s journal will open for the time period that it is due and a couple of days after so that you can see my comments. Each Journal entry will only consider material scheduled to be covered in that module (which will be a period of one week for each module for this summer semester) per the syllabus and contained in that modules’ content folder .Type response in the text box and do not attach your journal in a Word document. Finally, your entry must be comprehensible, thus grammar can affect your score if I am struggling to understand what you are trying to say. 2. Getting to Know the Law Assignment (GTKL) – 50 Extra Credit points - The assignment is posted in its own named tab on the left hand side of the page in BB and also available via a link in the Module 3 Content Folder. If you’re looking to get ahead or for work to do if you don’t have your book yet, this would be one assignment you can do now. This assignment generally has very high grades, but also takes quite a bit of time to complete. 3. Discussions – 60 points (20 points each) - You will be required to contribute and participate in three discussions board “segments” throughout the semester. The exact REQUIREMENTS for each discussion segment may be found in the “Discussion Instructions and Submission Location” section on the left side of BB. Note, when you post to each board you will have to submit an original 100 word answer and then respond to other students. There are a minimum number of posts you will need to make to EACH board so make sure to read the instructions carefully. GB 432 – Spring 2014 4. Homework Assignments – 400 total points (100 points each)- All four homework assignments will be posted in “Homework Instructions and Submission Location” section/tab on Blackboard and the completed work must be submitted there in a Microsoft Word document (.doc or .docx It will be -4.5 points if I have to kick it back or email you for improper file format). Black links to the assignments will also be available in the content folder for each week. I will have each HW assignment graded before you take your exam along with necessary feedback. For full credit, you must use proper text or note terminology in your responses. 5. Exams – 2 exams (a midterm given in week five covering the first half of the course and a comprehensive final in week eight covering the entire course) comprising 200 Points of your grade each (200 points combined, 100 points each) –You must schedule around the available time window. If there is an unavoidable conflict, you must let me know ahead of time, not after. I may allow a make-up, but even then, it may be an entirely differently structured exam (all essay, for instance) . You should bring exam issues to me when they arise. Exams may be comprised of multiple choice, T/F, matching and short answer questions at my discretion. They will likely be objective questions.. For full credit on essay-type questions (if there are any), you must use the proper vocabulary from the text and lectures. You will have 100 minutes to complete each online examination.. I will post MORE INFORMATION ABOUT EXAMS as we get into the course. Obviously you may use your text and notes to assist you, but you may not use another person’s help or the internet. With a timed exam, it will not be easy to “cheat” in that way, NOT THAT ANYONE WOULD. If you fail to take an exam without notifying me prior to the exam window, the window will CLOSE and you will have to contact me with excuses. I am not keen on excuses ex post facto (after the fact). 5.0 Grading Scale ******Note the C, D, and F Your grade is determined by the total number of points earned during the semester. Journals: 40 points Discussion Boards: 60 points Homeworks: 400 points Exams: 200 points Extra credit assignment worth 50 points A= 630-700 points (Excellent) B= 560-629 points (Good) C=490-559 points (Acceptable) GB 432 – Spring 2014 D=420-489 points (Needs significant improvement) F= Below 420 points (Unacceptable) At the end of the semester, if a grade is at the “.5” mark or higher I will raise you to the next letter grade up. For instance, if your score was 89.6% out of 100, I would raise that to a 90% and you would receive an A. Because you were at that .5 % threshold or above. 6.0 Other Grade Issues My Grading Policy: I will try to have all homework graded the day after it is due and most likely before an exam window covering that material opens. Please be patient with return of assignment grades, though. There is a lot to read through. I do grade thoroughly and try to provide feedback where feasible, especially on HW assignments. Exams will hopefully be graded within 48 hours of the exam windows closing. Your grades are always posted and available in the Blackboard Gradebook on the left side of our BB course. Late work penalties: 1. Journals and Discussions – NO credit will be given for late postings/submissions. 2. Homework Assignments – If you miss the exact deadline, and it is turned in within one week of the original deadline, you will lose up to 25% of the points available for that assignment Assignments not received within one week of the original deadline will not be graded. 3. Again, if you fail to take an exam without notifying me prior to the exam window, you can score no higher than the lowest grade a class member received who took it on time and only if I feel the excuse warrants allowing a make-up. *****There is one bonus assignment posted on the left hand side of BB under its own title. Note that you are ineligible for bonus credit if you have three or more missing or late assignments, including journals and discussions without my approval of extenuating circumstances. Our weeks will begin on Tuesdays and end on the following Mondays (just the way this summer semester is set out) – All assignments are due as stated below. Pay attention, as there are multiple things due many weeks! All times are Central Stand. Time! GB 432 – Spring 2014 Module 1 – June 3rd –June 9th 1. Read: a. Syllabus, b. Ch 1 Legal Environment, c. Ch 2 Constitutional Law, and d. Ch 3 - Courts and ADR 2. Post to FIRST GROUP OF DISCUSSION QUESTIONS (you will have two full weeks to contribute to these questions) 3. Submit Journal Entry #1 by 11:59PM (23:59) on Monday of week one. 4. Complete the Readiness for Online Learning Assessment posted in a word document in the “Online Learning Resources/Assistance” folder on the left hand side of BB if you have not done so for another class previously. You do not need to email me the results. Module 2 – June10th-June 16th 1. Read: a. Finish Ch 3 Courts and ADR and b. Ch 4Torts (Lots of work here!) 2. Submit HW#1 by 11:59PM (23:59) by Monday of week two. 3. Post Journal Entry #2 by 11:59PM (23:59) on Monday of week two. 4. CONTINUE POSTING TO THE FIRST GROUP OF DISCUSSION QUESTIONS this week, making sure you have posted to each board by Monday, June 16th at midnight. Module 3 – June 17th-June 23rd 1. Read: a. Ch 5 Intellectual Property and b.Ch 6 Criminal Law 2. Post Journal Entry #3 by 11:59PM (23:59) by Monday, June 23rd, of week three. (bit of a breather this week) 3. Post to the SECOND GROUP OF DISCUSSION QUESTIONS (you will have two full weeks to participate in these questions) Module 4 – June 24th-June 30th 1. Read: a. Ch 8 Ethics b. Ch 9 Nature and Classification and c. Ch 10 Agreement (Ignore E-Contract Issues) 2. Submit HW#2 by 11:59 PM (23:59) by Monday of week four (Lots of work here!) 3. Post Journal Entry #4 by 11:59PM (23:59) by Monday of week four 4. CONTINUE POSTING TO THE SECOND GROUP OF DISCUSSION QUESTIONS this week, making sure you have posted to each board by Monday, June 30th, at midnight MIDTERM WEEK Module 5 – July 1st-July 7th Module 6 – July 8th-July 14th (Lots of work here!) 1. Read a. Chapter 11 Consideration b. Ch 12 Capacity c. Ch 13 Consent and d. Ch 14 Statute of Frauds 2. Post to the THIRD GROUP OF DISCUSSION QUESTIONS (you will have until the end of the course to participate in these questions) 3. Post Journal Entry #5 by 11:59PM (23:59) on Mondayy of week five 1. Read: a. Ch 15 Performance b. Ch 16 Breach and c. Ch 17 3rd Party Rights 2. Submit HW#3 by 11:59 PM (23:59) on Monday of week six. 3. Post Journal Entry #6 by 11:59PM (23:59) on Monday of week six. GB 432 – Spring 2014 4. CONTINUE POSTING TO THE THIRD GROUP OF DISCUSSION QUESTIONS this week. Module 7 – July 15th-July 21st 1. Read: a. Chapters 18 and 19 (UCC) and b. Ch 21 Warranties and Products Liability 2. CONTINUE POSTING TO THE THIRD GROUP OF DISCUSSION QUESTIONS this week. 3. Post Journal Entry #7 by 11:59PM (23:59) by Monday of week seven. FINAL WEEK (note, the final week is a bit SHORTER) Module 8 – July 21st-July 25th 1. Read: a. Ch 22 Negotiable Instruments and b. Ch 23 Checks and Banking 2. Bonus assignments must be submitted on BB by 11:59PM (23:59) on Wednesday July 23rd 3. Submit HW#4 by 11:59 PM (23:59) on Wednesday, July 23rd. 4. NEW TIME - Complete FINAL EXAM BY WEDNESDAY, JULY 23rd at midnight, 11:59 pm. (so any last minute wrap up issues can be dealt with) 5. Post final Journal Entry #8 by 11:59 PM (23:59) by Wednesday of week eight, July 23rd. 6. FINISH UP POSTING TO THE THIRD GROUP OF DISCUSSION QUESTIONS THIS WEEK, making sure you have posted to each of them by Wednesday night at midnight, July 23rd. 8.0 TECHNOLOGY REQUIREMENTS AND SUPPORT 8.1 Technology Requirements This course will use the new TAMU-CT Blackboard Learn learning management system for class communications, content distribution, and assessments. Logon to https://tamuct.blackboard.com to access the course. Username: Your MyCT username (xx123 or everything before the "@" in your MyCT e-mail address) Initial password: Your MyCT password For this course, you will need reliable and frequent access to a computer and to the Internet. You will also need a headset with a microphone or speakers and a microphone to be able to listen to online resources and conduct other activities in the course. If you do not have frequent and reliable access to a computer with Internet connection, please consider dropping this course or contact me (youremail and phone number) to discuss your situation. Blackboard supports the most common operating systems: PC: Windows 8, Windows 7, Windows Vista Mac: Mac OS X Mavericks GB 432 – Spring 2014 NOTE: Computers using Windows XP, Windows 8 RT and OS X 10.6 or lower are NO longer supported Check browser and computer compatibility by following the “Browser Check” link on the TAMU-CTBlackboard logon page. (https://tamuct.blackboard.com) This is a CRITICAL step as these settings are important for when you take an exam or submit an assignment. Upon logging on to Blackboard Learn, you will see a link to Blackboard Student Orientation under My Courses tab. Click on that link and study the materials in this orientation course. The new Blackboard is a brand-new interface and you will have to come up to speed with it really quickly. This orientation course will help you get there. There is also a link to Blackboard Help from inside the course on the left-hand menubar. The first week of the course includes activities and assignments that will help you get up to speed with navigation, sending and receiving messages and discussion posts, and submitting an assignment. Your ability to function within the Blackboard system will facilitate your success in this course. Technology issues are not an excuse for missing a course requirement – make sure your computer is configured correctly and address issues well in advance of deadlines. 8.2 Technology Support For technological or computer issues, students should contact Help Desk Central. 24 hours a day, 7 days a week: Email: helpdesk@tamu.edu Phone: (254) 519-5466 Web Chat: http://hdc.tamu.edu When calling for support please let your support technician know you are a TAMUCT student. For issues related to course content and requirements, contact your instructor. 9.0 Drop Policy If you discover that you need to drop this class, you must go to the Records Office and ask for the necessary paperwork. Professors cannot drop students; this is always the responsibility of the student. The record’s office will give a deadline for which the form must be returned, completed, and signed. Once you return the signed form to the records office and wait 24 hours, you must go into Duck Trax and confirm that you are no longer enrolled. If you are still enrolled, FOLLOW-UP with the records office immediately. You are to attend class until the procedure is complete to avoid penalty for absence. Should you miss the deadline or fail to follow the procedure, you will receive an F in the course. 10.0 Academic Honesty GB 432 – Spring 2014 Texas A&M University - Central Texas expects all students to maintain high standards of personal and scholarly conduct. Students guilty of academic dishonestly are subject to disciplinary action. Academic dishonesty includes, but is not limited to, cheating on an examination or other academic work, plagiarism, collusion (working together), and the abuse of resource materials, including faculty designated resources. The faculty member is responsible for initiating action for each case of academic dishonestly. More information can be found at www.ct.tamus.edu/StudentConduct. All work in this course is individual (including Homework). You may get the rare/occasional assistance from other students about where you found certain information/answers, but I don’t want to see close/identical answers. I have a pretty good eye for this, as my memory is pretty good! If you need help, ask me! Any instance of academic dishonesty will result in an F in my course. I have taught this course long enough that I can tell if you are collaborating or not, despite the fact that your answers may differ slightly. Also, you may not use the internet to look up exam questions. You’re much better off sticking to the text and notes….just trust me! 11.0 Disability Services If you have or believe you have a disability and wish to self-identify, you can do so by providing documentation to the Disability Support Coordinator. Students are encouraged to seek information about accommodations to help assure success in their courses. Please contact Vanessa Snyder at (254) 501-5836 or visit Founder's Hall 114. Additional information can be found at http://www.tamuct.edu/departments/disabilitysupport/index.php. 12.0 Tutoring Tutoring is available to all TAMUCT students, both on-campus and online. Subjects tutored include Accounting, Finance, Statistics, Mathematics, and Writing (APA). Tutors are available at the Tutoring Center in Founder's Hall, Room 204, and also in the Library in the North Building. Visit www.ct.tamus.edu/AcademicSupport and click "Tutoring Support" for tutor schedules and contact info. If you have questions, need to schedule a tutoring session, or if you're interested in becoming a tutor, contact Academic Support Programs at 254-501-5830 or by emailing cecilia.morales@ct.tamus.edu. Chat live with a tutor 24/7 for almost any subject on your computer! Tutor.com is an online tutoring platform that enables TAMU-CT students to log-in and receive FREE online tutoring and writing support. This tool provides tutoring in Mathematics, Writing, Career Writing, Chemistry, Physics, Biology, Spanish, Calculus, and Statistics. To access Tutor.com, click on www.tutor.com/tamuct. 13.0 Library Services INFORMATION LITERACY focuses on research skills which prepare individuals to live and work in an information-centered society. Librarians will work with students in the development of critical reasoning, ethical use of information, and the appropriate use of secondary research techniques. Help may include, yet is not limited to: exploration of information resources such as library collections and services, identification of subject databases and scholarly journals, and execution of effective search strategies. Library resources are outlined and accessed at http://www.tarleton.edu/centraltexas/departments/library/ GB 432 – Spring 2014 14.0 Other Important Notes and Considerations 1. I will email you through BB which goes to your myCT email accounts by default. You may be able to change your email address via the preferences section and “edit personal information” when you first log into Bb. 2. Respect the thoughts and opinions of your classmates. We may not agree on everything, but everyone, generally, has the right to be heard in my classroom (Blackboard for this one). I want everyone to feel comfortable to share their thoughts on a subject, even if others may disagree. 3. I reserve the right to make reasonable alterations to the course calendar and syllabus as provided here. It is a guide, not a hard and fast rule. Changes will only be made that benefit the class as a whole. 15.0 Being an Online Student Online courses require a great deal of self discipline. The biggest issue impacting grades I have seen with my courses is turning in all work when it is due. This syllabus previously stated that there are definitive penalties when work is not completed or completed on time. The course calendar will likely not change, so note when all things will happen and plan accordingly from the beginning. GB 432 – Spring 2014